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Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and othÂers, 1999, 28 CLC (AD)
....the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ...... plan cannot be said to be illegal, arbitrary and without any jurisdiction. It is also on record that before suspension of the plan by the RAJUK both the parties were -heard and thereafter the decision was taken by RAJUK. Thus Condition No. 2 in the sanctioned plan having been violated RAJU..Category: Property Law | Date: | Hits: 35
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ......not considered the matters in issue in their correct perspective and has otherwise failed to take notice of the material aspects of the petitioner's case and has thereby arrived at a wrong decision. In such view of the matter the impugned judgment and order cannot be sustained in l..Category: Administrative Law | Date: | Hits: 94
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ......s found in the house of the appellant but the prosecution did not produce any order to show that at the time of seizure he was not entitled to keep 600 kgs of salt. 14. The facts of the decision reported in 27 DLR 309 cited by the learned Additional Attorney General are that one Niku..Category: Criminal Law | Date: | Hits: 70
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......inable. After hearing the learned advocate for the opposite party and the petitioner in that case, the learned District Delegate by his order dated June 12, 1978 held, on the authority of the decision in the case of Dina Nath v. Balkrishna, AIR 1963 All 46, that the liability to refund the ..Category: Property Law | Date: | Hits: 39
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......in the light of the discussion above, we are of the view that the court of appeal and the trial court on proper consideration and correct assessment of the materials on record arrived at a correct decision and the High Court Division without adverting to the reasonings given by the appellate cou..Category: Property Law | Date: | Hits: 82
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......ereinbefore. The evaluation committee found the present petitioner and another non responsive and that found Respondent No.1 and another responsive but later on PDB upon reversing its earlier decision as to petitioner herein accepted his bid as responsive bid. In the background of the afore..Category: Procedural Law | Date: | Hits: 83
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......d and the petition or any other contesting candidate to have been duly elected; or d) debarring the election as a whole to be void. (2) Save as provided in clause (3), the decision of a (High Court Division) on an election petition shall be final. (3) Any per..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... was held, and in that salish defendant No.1 disclosed that said Debendra Chandra Sharma had sold the Schedule 1(ka), 1(kha), and 3(ka) land to them and the plaintiff denied those sales that by the decision of the salishder, the defendants agreed to recovery the scheduled lands but the defen..Category: Property Law | Date: | Hits: 27
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......t all the reasoning given and findings made by the Court of appeal below as regard the document transaction where under sought to be pre-empted and without reversing the said findings and decision of the court of appeal below has upheld the view taken by the trial Court in respect of th..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......perusal of the judgment passed by the learned District Judge we fined that he did not consider the case in this aspect and consequently he has committed an error of law resulting error in his decision occasioning failure of justice." This Division held that this was an erroneous view o..Category: Property Law | Date: | Hits: 20
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......use they were not furnished with the copies of the inquiry reports with the second show cause notice under rule 143 of power Development Board (Employees) Service Rules, 1982 as was mandated by the decision in 41 DLR 138 and by the Appellate Division in Civil Petition for leave to Appeal No.776 o..Category: Employment/Service Law | Date: | Hits: 89
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
..... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......ng that he has treated the holdings as abandoned and is about to enter on it accordingly, and the collector shall cause the notice to be published in the prescribed manner. In the same decision it has further been held:- "The Bengal Tenancy Act has not given any de..Category: Property Law | Date: | Hits: 26
Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)
..... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ......the aforesaid contention. In support of the aforesaid contention learned Counsel has referred to a case reported in BLD 1995 (HCD) 224. The fact of the said case is distinguishable and as such the decision so referred to by the learned Counsel has no relevancy. The learned Counsel also submitted..Category: Criminal Law | Date: | Hits: 61
Alaluddin Vs. State, 2003, 32 CLC (AD)
....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......l procedure the petitioner denied to have made any confessional statement, all the columns of the from wherein the confessional statement was recorded were not filled up and so in view of decision reported in 17 BLD 352 the confessional statement of the petitioner can not be relied..Category: Criminal Law | Date: | Hits: 36
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ...... merely relying on the statement of the respondent No. 1 in his deposition to the effect that late Fatema Khatun was a simple illiterate and pardanshin lady. The High Court Division relying on the decision reported in 1985 BLD Ad 54 held that the above finding of reversal of the lower appellate..Category: Procedural Law | Date: | Hits: 87
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......e Board of BPDB decided that he would be re-employed on the same terms and conditions as in the case of 26 other employees re-employed by office order dated 30.9.1987 and on the basis of the above decision of the Board, by order dated 9.11.87 (Annexure B-1) he was re-employed on condition t..Category: Employment/Service Law | Date: | Hits: 82
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......roceeding against the accused being not maintainable under Section 138 of the Act the same was liable to be quashed. 5. In support of the submissions the learned Counsel has referred to the decision in the case of Habibur Rahman Hawlader vs. State and another reported in 55 DLR (HCD) 199 ..Category: Business or Commercial Law | Date: | Hits: 138
Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)
.... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ......oat. So whatever the accused Ajut Ali and Afzal, as claimed by P.W. 5, said to him, but same has not been supported by P.W. 3, and others. So it is seen that although High Court Division based its decision in respect of the appellant while dismissing his appeal on the evidence of P.Ws.1,2,3..Category: Criminal Law | Date: | Hits: 49
Additional Deputy ComÂmissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......estions of factor and were decided in the first appeal upon consideration of evidence on record and no specific misreading and/or non consideration of evidence having been raise before this court, decision of the final court of fact calls for no interference in this appeal. 8. As it appear..Category: Property Law | Date: | Hits: 29
Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)
.... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ......ant Judge. 10. We have also perused the judgment of the High Court Division and we are of the opinion that the High Court Division considering the facts and circumstances came to a correct decision in discharging the rule and did not commit any illegality in directing to prosecute the pl..Category: Property Law | Date: | Hits: 25
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